Lillard v. Tolliver

Mr. Keeble., Special Justice,

delivered the opinion of the Court.

This case involves the determination of the single question as to whether or not, on the trial of a will contest in the circuit court, the judge may submit to the jury more than one will. Many other questions were raised in the court of civil appeals, but, as this case is before this court on a petition for certiorari, all assignments of error in the *306court of civil appeals which are not questioned by a petition for certiorari, are waived by the parties. Therefore this court can make no inquiry into many of the questions which…